If you have been convicted of a crime in Arizona, that history could follow you throughout your life in different ways. It could seriously harm your ability to obtain gainful employment, it could prevent you from voting in certain instances and it could basically prevent you from enjoying some of the same rights and privileges that most citizens take for granted. Fortunately, Arizona law provides those convicted of crimes to wipe the slate clean in terms of their criminal record in the form of an expungement.
However, obtaining such a result is an involved and intricate process that requires the help of a skilled Arizona criminal defense lawyer.
Can You Get A DUI Conviction Expunged in Arizona?
Below is an overview of the issue of expungement in Arizona. The law in Arizona uses a different phrase to describe expungement, and its known as setting aside a judgment. This right to pursue an expungement is to be explained to the convicted defendant at the time he or she is discharged from the sentence or probation that was originally required to be completed. Obviously, having a criminal record in-effect wiped clean provides the person who successfully obtains such a result with several different benefits.
A few examples of these include:.
What Are the Options to Clear a Record in AZ?
This website is governed by the Arizona Rules of Professional Conduct. Phoenix Expungement Attorneys Motion to Set Aside Conviction and Judgment of Guilt Expungement Having a criminal conviction on your record can result in serious repercussions and consequences, including but not limited to difficulties: Obtaining employment Pursuing higher education opportunities Obtaining a license to work in various fields such as education, health care, fields requiring security clearance Suspension of your civil rights that may include your right to vote and to lawfully possess a firearm A.
Can I have my conviction set aside or expunged? In considering whether to set aside a conviction and judgment of guilt, the Court will consider a number of factors, including: How long ago the offense was committed How long ago the conviction occurred The type of offense The sentence including any imprisonment, probation , fines, and fees Whether the individual has fully complied with their sentence and satisfied all of its terms The individual's character and contributions to the community Depending on the court, the nature of the offense, and the individual's circumstances, a successful motion to set aside can be pursued in as short a time as six months following a conviction.
How to Pursue a Set Aside Conviction The process for moving to set aside usually involves significant research, the drafting of a motion, and participating in a hearing with the Court. View All Reviews. Name: Please enter your name. This isn't a valid phone number. This isn't a valid email address.
- meterologist paul horton arrested for dui.
- Misdemeanor Charges;
- obtaining death certificate san diego?
- erika terpening michigan marriage license;
- The Arizona Expungement (Set Aside) Process.
- how to find someone for free online!
- Does Arizona Allow Criminal Records to Be Sealed or Expunged?.
Please enter your email address. Governor Jan Brewer granted 12 pardons during her six year tenure, all during her final month in office. From through , Arizona governors issued a total of 55 pardons. During their terms both Ducey and Brewer granted several commutations of sentence, almost all to prisoners close to death. Set-aside and dismissal of charges are available from the sentencing court upon discharge for all but violent and sex offenses; relieves collateral consequences, including firearms rights for non-serious felonies, but conviction must be disclosed and serves as predicate offense.
Juvenile adjudications may be set aside upon reaching 18 years of age and discharge from sentence, except for serious violent offenses; remain predicate offense. Non-conviction records may not be sealed or expunged, but may be amended to note that a person has been cleared of any arrests or indictments that did not lead to conviction.
In March , Arizona enacted a series of provisions that elaborate the procedures for applying for set-aside. HB First, fees may no longer be charged for an application to set aside. Second, a person may now apply to any court, instead of only to the sentencing court. Third, a person must be informed at sentencing of the right to seek a set aside previously it was at discharge. Fifth, a victim has a right to be present and heard at any proceeding regarding the application for set aside. Sixth, a court that denies an application must state its reasons in writing and on the record.
However, it does not eliminate the conviction, and thus does not relieve the person from having to report the conviction if asked. Royal Maccabees Life Ins. The fact that a conviction is set aside or vacated does not release the person from certain motor vehicle restrictions, if applicable, and the conviction may still be used as a predicate offense in any subsequent prosecution. Set-aside does not relieve duty to register as sex-offender.
Phoenix Misdemeanor Lawyer
I , WL Ariz. Prostitution convictions of victims of human trafficking may be vacated, do not serve as prior, and need not be reported unless fingerprint background check authorized. No hearing unless prosecutor objects.
- Arizona Expungement and Record Sealing.
- adult friend finder south english iowa!
- school board ohio public records commission!
- find my asshole brother zen lyrics?
- 2 pac and death row record.
Non-conviction records may not be sealed or expunged, but may be amended to notate that a person has been cleared of any arrests or indictments that did not lead to conviction. Mohajerin , Ariz. One of the ways to meet this standard is to show the allegations against petitioner are false. Individuals 18 years of age and older may apply to have many juvenile delinquency or incorrigibility adjudications set aside upon discharge from probation or absolute discharge unless the individual has a subsequent criminal conviction, criminal proceedings pending, has not successfully completed terms of probation, has not been discharged from department of juvenile corrections upon completion of individual treatment plan, or has not paid all restitution or assessments.
This does not apply if the adjudication involved any of the following:.
The Arizona Expungement (Set Aside) Process
May be used as a predicate in subsequent criminal proceeding. A comprehensive law established standards for occupational licensure linked to public safety, including a procedure for obtaining a preliminary determination of eligibility.
Misdemeanors and non-conviction records may not be considered, and less serious felonies that have been set aside also may not be considered. Beginning in , licensing agencies must report to the legislature on the number of applications received from and granted to persons with a criminal record. In provisional licenses were authorized.
Subsection E does not apply to positions in law enforcement.
Related lawyers seal felony criminal record in phoenix arizona
Copyright 2019 - All Right Reserved